Employment Claims Rules 2017

These Rules apply to —

Subject to paragraph (3), the Rules of Court 2021 do not apply to the following:

Paragraph (2) does not affect the application of Order 23 of the Rules of Court 2021 to committal proceedings before a tribunal.

Unless a tribunal, the Registrar or a court directs otherwise, every relevant Form or document relating to proceedings before a tribunal, the Registrar or a court must be submitted through the electronic system.

Every relevant Form must contain such particulars, and be accompanied by such documents, as may be specified by the tribunal, the Registrar or the court or in the relevant Form.

Any relevant Form may be used in any particular case with such variations as the circumstances of that case require.

An electronic filing and case management system is established for the tribunals.

The purposes of the electronic system are as follows:

Subject to paragraph (3), an individual must authenticate the individual’s identity using SingPass in order to access the electronic system to carry out an online transaction involving the individual.

Subject to paragraph (3), a person, who is authorised by an entity to carry out through the electronic system an online transaction involving the entity, must authenticate the identity of the entity using CorpPass in order to access the electronic system to carry out that transaction for the entity.

The Registrar may, on application by a party that is unable to authenticate the party’s identity using SingPass or CorpPass, issue the party with a username and password to enable the party to access the electronic system to carry out an online transaction involving the party.

A party that is issued a username and a password under paragraph (3) —

An individual must not facilitate the use, by any other person, of the individual’s SingPass credentials to access the electronic system.

An entity must not facilitate the use, by any unauthorised person, of the CorpPass credentials of the entity to access the electronic system.

If a relevant Form or document is submitted through the electronic system, the relevant Form or document is treated as filed on the date and at the time the first part of the transmission of the relevant Form or document is received in the electronic system.

Despite paragraph (1), where the submission of a relevant Form or document through the electronic system is unsuccessful or delayed because of a failure or inability of the electronic system to transmit or process the relevant Form or document, the Registrar may —

Every application under paragraph (2)(a) must be accompanied by proof, to the satisfaction of the Registrar, of the matters relied on to support the application.

Where the Registrar gives, through the electronic system, a notice under these Rules to —

Except as provided in paragraph (1), after the Registrar has notified a party to any proceedings before a tribunal or the Registrar that the party has been given the right to access the electronic system to view any document served on the party in relation to those proceedings —

The Registrar must keep a record of all proceedings before the tribunals.

The record required by this rule is kept in such form and manner as the Registrar may determine.

After an order has been made under section 22 of the Act in any proceedings before a tribunal, any person may, with the permission of the Registrar, search, inspect and take a copy of any part of the record relating to those proceedings.

Despite paragraph (1), a party to any proceedings before a tribunal or the Registrar may, at any stage of the proceedings, with the permission of the Registrar, search, inspect and take a copy of any part of the record relating to those proceedings.

For the purposes of section 29(1) of the Act, the Registrar may permit any person authorised by a law enforcement agency or public agency to search, inspect or take a copy of any part of the record relating to any proceedings before a tribunal.

The applicable fee specified in item 16(a), (b) and (c) of the Schedule is payable to the Registrar at the time of the request to search, inspect or take a copy of the record under paragraph (1), (2) or (3).

Every claim must be made in the relevant Form.

At the time of lodging any claim, the claimant must pay the fee specified in item 1 of the Schedule.

For the purposes of section 13(2)(b)(ii) of the Act, a claim must be accompanied by —

A claim may be lodged in respect of one or more specified employment disputes, except that a separate claim must be lodged in respect of a wrongful dismissal dispute.

The claimant must, within 7 days after the date on which the claim and each document mentioned in rule 8(3) are filed, serve a copy each of the claim and that document on the respondent.

The claimant must file a declaration of service in the relevant Form within 4 weeks after the date on which the claim is filed and, in any event, before the first case management conference.

A respondent who intends to file a response to a claim must, within 7 days after being served with the claim and the claimant’s documents, file and serve on the claimant —

At the time of filing the response, the respondent must pay the fee specified in item 2 of the Schedule.

The respondent must file a declaration of service in the relevant Form within 4 weeks after the date on which the response is filed and, in any event, before the next case management conference.

Every counterclaim must be made in the relevant Form.

At the time of lodging any counterclaim, the respondent must pay the fee specified in item 3 of the Schedule.

At the time of filing a response to a counterclaim, the claimant must pay the fee specified in item 4 of the Schedule.

These Rules (except rules 8(1) and (2) and 10(2)) apply to a counterclaim as they apply to a claim, but with the following modifications:

Where a counterclaim is lodged in accordance with this rule, the Registrar must fix a case management conference or hearing, as appropriate, for both the claim and the counterclaim.

A counterclaim may be proceeded with regardless whether the claim is granted, stayed, discontinued, withdrawn, dismissed or settled.

Where the whole or part of a counterclaim by a respondent is relied on as a response to the whole or part of a claim made by the claimant, a tribunal may —

A claimant may, without the permission of a tribunal or the Registrar, amend the claim once at any time before service of the claim on the respondent by filing the amended claim in the Registry and serving the amended claim on the respondent.

These Rules (except paragraph (1)) apply to an amended claim filed under paragraph (1) as they apply to a claim.

A claimant may amend a claim after it is served on the other party, and a respondent may amend a response after it is served on the other party, only if the claimant or respondent (as the case may be) —

A tribunal or the Registrar may at any stage of the proceedings allow the claim or response to be amended —

The claimant or respondent must, within 7 days after obtaining the consent of the other party under paragraph (1)(a) or being allowed by the tribunal or Registrar under paragraph (1)(b), cause the amended claim or amended response (as the case may be) —

These Rules (except rule 13) apply to an amended claim or amended response filed under paragraph (3) as they apply to a claim or response.

A claimant may, without the permission of a tribunal or the Registrar, at any time before serving the claim on the respondent, withdraw the claim, or withdraw any specified employment dispute for which the claim is lodged, by filing a notice in the relevant Form with the Registry.

Where a claim has been served on the respondent, a claimant may not withdraw the claim, or withdraw any specified employment dispute for which the claim is lodged, unless the claimant —

A respondent may, without the permission of a tribunal or the Registrar, at any time before serving the response on the claimant, withdraw the response by filing a notice in the relevant Form in the Registry.

Where a response has been served on the claimant, a respondent may not withdraw the response, unless the respondent —

A claim is deemed to be discontinued if the claimant fails to file a declaration of service in accordance with rule 9(2).

A response is deemed to be withdrawn if the respondent fails to file a declaration of service in accordance with rule 10(3).

A tribunal or the Registrar may, at any stage of the proceedings, allow a claimant to withdraw a claim, or withdraw any specified employment dispute for which the claim is lodged, on any terms as to costs or otherwise that may be just, by filing a notice in the relevant Form with the Registry.

A tribunal or the Registrar may, at any stage of the proceedings, allow a respondent to withdraw a response, on any terms as to costs or otherwise that may be just, by filing a notice in the relevant Form with the Registry.

Subject to paragraph (2), if no party to a claim has, for more than 6 months, taken any step or proceeding in the claim that appears from records maintained in the Registry, the claim is deemed to have been discontinued.

Paragraph (1) does not apply where the claim has been stayed —

In this rule, “claim” means a claim lodged on or after 1 April 2022.

At any stage of the proceedings before a tribunal or the Registrar, the tribunal or Registrar may order the discovery and production of any document, if the tribunal or Registrar is of the opinion that such an order is necessary either for the fair disposal of the claim or for the saving of costs.

Where any privilege is claimed, or any objection is made, by any party in relation to the production of any document, the tribunal or Registrar may, if the tribunal or Registrar deems fit —

If any party fails to comply with this rule, or with any order made by a tribunal or the Registrar to give discovery of any document or to produce any document, a tribunal or the Registrar may make any order that the tribunal or Registrar thinks fit, including an order that —

Except with the permission of a tribunal or the Registrar, no other document may be filed or served for the purposes of the proceedings.

A tribunal or the Registrar may, at any time after a claim is lodged, direct any party to the proceedings to appear before the tribunal or Registrar, for the tribunal or Registrar to make such order or give such directions as the tribunal or Registrar thinks fit for the just, expeditious and economical disposal of the cause or matter.

The orders and directions that the tribunal or Registrar may make or give under paragraph (1) include one or more of the following:

All parties must be informed of the date and time appointed to appear before the tribunal or Registrar by way of a notice in accordance with the relevant Form, and each party must comply with any directions contained in the notice.

Where any party fails to comply with any order made or direction given by the tribunal or Registrar under paragraph (1), the tribunal or Registrar may dismiss the claim, strike out the response or make any other order that the tribunal or Registrar thinks fit, including an order that the defaulting party is liable to committal.

If the parties agree, during the case management conference, to settle some or all of the matters in dispute in the claim or proceedings, the tribunal or Registrar may record a consent order or make an order or a direction to give effect to the settlement.

To avoid doubt, where a tribunal or the Registrar has made an order under paragraph (2)(a) that the claimant and the respondent attend mediation, conciliation or counselling, the tribunal or the Registrar may direct that the mediation, conciliation or counselling be conducted —

The directions which a tribunal may give under section 20(3) of the Act include directions on one or more of the following matters:

The following time limits apply in the conduct of proceedings before a tribunal:

A tribunal may vary any time limit under paragraph (2) as the tribunal deems fit.

A tribunal or the Registrar may, at any time before the conclusion of the proceedings before the tribunal, adjourn the proceedings to allow for the correction by an approved mediator of any error in a claim referral certificate relating to the proceedings, within the time specified by the tribunal or the Registrar.

A claim referral certificate so corrected in accordance with paragraph (1) is treated as having been lodged with the Registry on the date the claim referral certificate was first lodged.

When a tribunal magistrate who has commenced any proceedings under the Act is unable through death, illness or other cause to conclude the proceedings, the Presiding Judge of the State Courts may nominate another tribunal magistrate to continue the proceedings.

Nothing prevents a tribunal magistrate so nominated from recalling all or any of the witnesses or taking their evidence afresh.

A tribunal or the Registrar may, on the tribunal’s or Registrar’s own initiative or at the request of any party to the proceedings, by a summons in the relevant Form, summon any person —

The fee specified in item 5 or 6 of the Schedule is payable by the party requesting the summons on sealing a summons to a witness under paragraph (1).

Every summons issued under rule 21 must be served on the person to whom it is directed in accordance with rule 47.

A summons must not be served on any witness outside Singapore.

The obligation on a witness summoned under rule 21 to attend any hearing extends to any time and place to which the hearing may be adjourned.

A tribunal or the Registrar may direct a party who served the summons to file a declaration of service in the relevant Form.

A decision, direction or order given or made by a tribunal or the Registrar in the absence of a party may be set aside on the application of that party.

An application under this rule to set aside a decision, direction or order must be —

The applicant must, at the time the application is filed, pay the fee specified in item 7 of the Schedule.

The applicant must, within 7 days after the date on which the application and the relevant Form containing the facts and evidence in support of the application are filed, serve them on the respondent.

A respondent who intends to oppose the application must, within 7 days after being served with the application and the relevant Form containing the facts and evidence in support of the application, file and serve on the applicant the relevant Form containing the facts and evidence in reply.

The tribunal or Registrar hearing the application —

Where any party does not appear at the hearing of the application, the tribunal or Registrar may hear the application and make a decision in the absence of that party, even if the interests of that party may be prejudicially affected by the decision.

An appeal lies to a tribunal from any decision, direction or order of the Registrar.

The appeal must be brought by filing, and serving on every other party to the proceedings in which the decision, direction or order was given or made, a notice in the relevant Form to attend before the tribunal on a day specified in the notice.

The applicant must, at the time the notice is filed, pay the fee specified in item 8 of the Schedule.

Unless a tribunal or the Registrar otherwise orders, the notice must be —

Unless a tribunal or the Registrar directs otherwise, an appeal under this rule does not operate as a stay of the proceedings in which the appeal is brought.

An application for permission from a District Court under section 23(2) of the Act to appeal against an order of a tribunal must be made in the relevant Form.

The applicant must file the application within 7 days after the date on which the order being appealed against was given or made.

The applicant must, at the time the application is filed, pay the fee specified in item 9 of the Schedule.

The applicant must, within 7 days after the date on which the application is filed, serve the application on the respondent.

A respondent who intends to oppose the application must, within 7 days after being served with the application, file and serve on the applicant a response in the relevant Form.

Where any party does not appear at the hearing of the application, a District Court may hear the application and make a decision in the absence of that party, even if the interests of that party may be prejudicially affected by the decision.

A District Court may, at any time after an application for permission to appeal is filed under rule 25, convene a case management conference or direct parties to appear before the registrar of the State Courts for a case management conference, for that Court or registrar to make such orders or give such directions as that Court or registrar thinks fit for the just, expedient and economical disposal of the application.

When a District Court refuses an application under rule 25, the District Court may order the applicant to pay costs not exceeding $1,000 to the respondent or, where there is more than one respondent, to each of the respondents.

When a District Court decides an application under rule 25, the Registrar must give notice of the decision to the applicant and respondent.

An applicant under rule 25 may, without the permission of a District Court, withdraw the application at any time before the application is served on the respondent, by filing the relevant Form with the Registry.

Where the application has been served on the respondent, the applicant may withdraw the application —

When granting permission under paragraph (2)(b), a District Court may make any order as to costs that it thinks just.

A party who obtains permission from a District Court under section 23(2) of the Act to appeal against an order of a tribunal must file and serve a notice of appeal in the relevant Form within 7 days after the date on which the permission is given.

When permission is given to appeal against an order of a tribunal, a notice of appeal may be filed either in respect of the whole, or in respect of any specified part, of the order of the tribunal.

Every notice of appeal must state the order complained of, contain an address for service, and be signed by the appellant.

The Registrar must assign a number to the notice of appeal and enter the appeal on the list of appeals.

The notice of appeal must be served on all parties to the proceedings who are directly affected by the appeal.

The appellant must, at the time of filing the notice of appeal —

The appellant must pay the fees specified in item 11 of the Schedule at the time of depositing the sum of $500 with the Accountant‑General.

The General Division of the High Court may at any time, in any case where it thinks fit, order further security for costs to be given.

Where under rule 30(5) or 32(4) the appeal is deemed to be withdrawn, any sum deposited as security for costs under this rule must be paid out —

Every application for an order under paragraph (4)(b) must be in the relevant Form.

When a notice of appeal has been filed, the tribunal which made the order must certify in writing the grounds of the order; but any delay or failure so to certify will not prevent the appellant from proceeding with the appeal.

As soon as possible after the notice of appeal has been filed, the Registrar must cause to be served on the appellant, at the appellant’s address for service specified in the notice of appeal, a notice that a copy of the record of proceedings is available.

The record of proceedings consists of a certified copy of the grounds of the order and a certified copy of the notes of proceedings taken at the hearing of the claim.

Within 21 days after the appellant is served the notice mentioned in rule 29(2), the appellant must, if the appellant desires to proceed with the appeal —

The appellant’s case must —

At the time of filing the appellant’s case, the appellant must pay the fee specified in item 12 of the Schedule.

Except with the permission of the General Division of the High Court, the appellant cannot at the hearing of the appeal rely on any ground of appeal other than those set out in the appellant’s case.

If the appellant’s case is not filed within the time specified in paragraph (1) (including that time as extended under paragraph (6)), the appeal is deemed to have been withdrawn.

The General Division of the High Court may extend the time specified in paragraph (1) for filing and serving the appellant’s case.

A respondent who, not having appealed from an order of the tribunal, desires to contend on the appeal that the order of that tribunal should be varied, either in any event or in the event of the appeal being allowed in whole or in part, must state so in the respondent’s case and specify the grounds of that contention.

A respondent who desires to contend on the appeal that the order of the tribunal should be affirmed on grounds other than those relied upon by that tribunal must state so in the respondent’s case and specify the grounds of that contention.

Except with the permission of the General Division of the High Court, a respondent is not entitled, on the hearing of the appeal —

A respondent must, within 7 days after the service on the respondent of the appellant’s case —

The General Division of the High Court may extend the time specified in paragraph (4) for filing and serving the respondent’s case.

Within 14 days after the filing of the appellant’s case under rule 30(1), the appellant must file with the Registrar 3 copies of the record of appeal, and serve a copy of the record of appeal on each respondent in the appeal or the respondent’s solicitor.

The record of appeal consists of a copy of each of the following:

Where the appellant omits to comply with paragraph (1), any respondent who has filed a respondent’s case may proceed with the appeal, if the respondent, within the time allowed by the Registrar —

The appeal is deemed to be withdrawn —

The General Division of the High Court may extend —

The Registrar must, on receiving the 3 copies of the record of appeal, transmit 2 of those copies, together with the exhibits put in evidence at the hearing, to the Registrar of the Supreme Court, and give notice to the parties to the appeal in the relevant Form.

An application to an appropriate court under section 17 of the Act must be made by originating application under Order 6 of the Rules of Court 2021.

The court hearing the application may order the proceedings in the tribunal to be stayed until after the final determination of the application.

Where an order is made by the General Division of the High Court for the transfer of any proceedings from a tribunal to the General Division of the High Court —

Where an order is made by a District Court or a Magistrate’s Court for the transfer of any proceedings from a tribunal to the District Court or Magistrate’s Court (as the case may be), the registrar of the State Courts must give notice of the transfer to every party to the proceedings.

Despite rule 15, where —

Where a tribunal refers, under section 22(8) of the Act, any specified employment dispute for which a claim is lodged for mediation under Part 2 of the Act or tripartite mediation, and any such specified employment dispute is not resolved through mediation, the approved mediator must issue to the claimant a claim referral certificate in respect of every such unresolved specified employment dispute.

Where paragraph (2) applies —